The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2011
| Jurisdiction | UK Non-devolved |
| Citation | SI 2011/2343 |
| Year | 2011 |
2011 No. 2343 (L. 18)
Tribunals And Inquiries
The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2011
Made 22th September 2011
Laid before Parliament 26th September 2011
Coming into force 17th October 2011
The Tribunal Procedure Committee has made the following Rules in exercise of the powers conferred by sections 18(11),19(5) and 22 of, and Schedule 5 to, the Tribunals, Courts and Enforcement Act 20071, and section 4 of the Forfeiture Act 19822, having consulted in accordance with paragraph 28(1) of Schedule 5 to the Tribunals, Courts and Enforcement Act 2007.
The Lord Chancellor has allowed the Rules in accordance with paragraph 28(3) of Schedule 5 to the Tribunals, Courts and Enforcement Act 2007.
Citation and commencement
1. These Rules may be cited as the Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2011 and come into force on 17th October 2011.
Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008
2. The Tribunal Procedure (Upper Tribunal) Rules 20083are amended as follows.
3. In the table of contents—
(a) after the entry for rule 28 insert—
“28A. Special provisions for fresh claim proceedings”;
(b) after the entry for rule 33 insert —
“33A. Amendments and additional grounds resulting in transfer of proceedings to the High Court in England and Wales ”; and
(c) in the entry for rule 47 for “Review of” substitute “Setting aside”.
4. In rule 1(3) (interpretation) after the definition of “financial services case” insert—
““fresh claim proceedings” means judicial review proceedings which call into question a decision of the Secretary of State not to treat submissions as an asylum claim or a human rights claim within the meaning of Part 5 of the Nationality, Immigration and Asylum Act 20024wholly or partly on the basis that they are not significantly different from material that has previously been considered, and which have been begun in or transferred to the Upper Tribunal pursuant to a direction made by the Lord Chief Justice of England and Wales for the purposes of section 18(6) of the 2007 Act5;”.
5. For rule 8(1) (striking out of party’s case) substitute—
“1 The proceedings, or the appropriate part of them, will automatically be struck out—
(a) if the appellant or applicant has failed to comply with a direction that stated that failure by the appellant or applicant to comply with the direction would lead to the striking out of the proceedings or part of them; or
(b) when a fee has not been paid upon the grant of permission in fresh claim proceedings as required.”
6. In rule 11 (representatives)—
(a) at the beginning of paragraph (1) insert “Subject to paragraph (5A),”;
(b) at the beginning of paragraph (5) insert “Subject to paragraph (5B),”; and
(c) after paragraph (5) insert—
“5A In fresh claim proceedings, a party may appoint as a representative only a person authorised under the Legal Services Act 20076to undertake the conduct of litigation in the High Court.
5B At a hearing of fresh claim proceedings, rights of audience before the Upper Tribunal are restricted to persons authorised to exercise those rights in the High Court under the Legal Services Act 2007.”.
7. At the beginning of rule 28(8) (applications for permission to bring judicial review proceedings) insert “Except where rule 28A(2)(a) (special provisions for fresh claim proceedings) applies,”.
8. After rule 28 (applications for permission to bring judicial review proceedings) insert—
“Special provisions for fresh claim proceedings
28A.—(1) The Upper Tribunal must not accept an application for permission to bring fresh claim proceedings unless it is either accompanied by any required fee or the Upper Tribunal accepts an undertaking that the fee will be paid.
(2) Within 9 days of making an application referred to in paragraph (1), an applicant must provide—
(a)
(a) a copy of the application and any accompanying documents to each person named in the application as a respondent or an interested party; and
(b)
(b) the Upper Tribunal with a written statement of when and how this was done.”
9. In rule 29 (acknowledgement of service)—
(a) in paragraph (1)—
(i) after “who is sent” insert “or provided with”;
(ii) after “(applications for permission to bring judicial review proceedings)” insert “or rule 28A(2)(a) (special provisions for fresh claim proceedings)”;
(iii) for “send or deliver” substitute “ provide”;
(iv) after “the date on which the Upper Tribunal sent” insert “, or in fresh claim proceedings the applicant provided,”;
(b) after paragraph (2) insert—
“2A In fresh claim proceedings, a person who provides an acknowledgement of service under paragraph (1) must also provide a copy to—
(a) the applicant; and
(b) any other person named in the application under rule 28(4)(a) or acknowledgement of service under paragraph (2)(c)
no later than the time specified in paragraph (1).”;
(c) in paragraph (3)—
(i) for “sent” substitute “provided with”;
(ii) after “rule 28(8)” insert “or 28A(2)(a)”; and
(iii) after “service” insert “to the Upper Tribunal”.
10. In rule 30(5) (decision on permission or summary dismissal, and reconsideration of permission or summary dismissal at a hearing) after “14 days” insert “, or in fresh claim proceedings 9 days,”.
11. After rule 33 (right...
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